Power of taking evidence in United Kingdom for foreign criminal matters. 5. A Secretary of State may, by order under his hand and seal, require a police magistrate or a justice of the peace to take evidence for the purposes of any criminal matter pending in any court or tribunal in any foreign State; and the police magistrate or justice of the peace, upon the receipt of such order, shall take the evidence of every witness appearing before him for the purpose in like manner as if such witness appeared on a charge against some defendant for an indictable offence, and shall certify at the foot of the depositions so taken that such evidence was taken before him, and shall transmit the same to the Secretary of State; such evidence may be taken in the presence or absence of the person charged, if any, and the fact of such presence or absence shall be stated in such deposition. Any person may, after payment or tender to him of a reasonable sum for his costs and expenses in this behalf, be compelled, for the purposes of this section, to attend and give evidence and answer questions and produce documents, in like manner and subject to the like conditions as he may in the case of a charge preferred for an indictable offence. Every person who wilfully gives false evidence before a police magistrate or justice of the peace under this section shall be guilty of perjury. Provided that nothing in this section shall apply in the case of any criminal matter of a political character. Explanation of sect. 16 of 33 & 34 Vict. c. 52. 6. The jurisdiction conferred by section sixteen of the principal Act on a stipendiary magistrate, and a sheriff or sheriff' substitute, shall be deemed to be in addition to, and not in derogation or exclusion of, the jurisdiction of the police magistrate. Explanation of diplomatic representative and consul. 7. For the purposes of the principal Act and this Act a diplomatic representative of a foreign State shall be deemed to include any person recognised by the Secretary of State as a consul-general of that State, and a consul or vice-consul shall be deemed to include any person recognised by the Governor of a British Possession as a consular officer of a Foreign State. Addition to list of crimes in schedule. 8. The principal Act shall be construed as if there were included in the first schedule to that Act the list of crimes contained in the schedule to this Act. SCHEDULE. LIST OF CRIMES. The following list of crimes is to be construed according to the law existing in England or in a British Possession (as the case may be) at the date of the alleged crime, whether by common law or by statute made before or after the passing of this Act: Kidnapping and false imprisonment. Perjury, and subornation of perjury, whether under common or statute law. (24 & 25 Vict. c. 96, &c.) Any indictable offence under the Larceny Act, 1861, or any Act amending or substituted for the same, which is not included in the first schedule to the principal Act. Any indictable offence under the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter ninety-seven, "To consolidate and amend the statute law of England and Ireland relating to malicious injuries to property," or any Act amending or substituted for the same, which is not included in the first schedule to the principal Act. Any indictable offence under the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter ninety-eight, "To consolidate and amend the statute law of England and Ireland relating to indictable offences by forgery," or any Act amending or substituted for the same, which is not included in the first schedule to the principal Act. Any indictable offence under the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter ninety-nine, "To consolidate and amend the statute law of the United Kingdom against offences relating to the coin," or any Act amending or substituted for the same, which is not included in the first schedule to the principal Act. Any indictable offence under the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter one hundred, "To consolidate and amend the statute law of England and Ireland relating to offences against the person," or any Act amending or substituted for the same, which is not included in the first schedule to the principal Act. Any indictable offence under the laws for the time being in force in relation to bankruptcy which is not included in the first schedule to the principal Act. LIST OF THE EXISTING EXTRADITION TREATIES, DECLARATIONS, AND CONVENTIONS OF GREAT BRITAIN. AUSTRIA-HUNGARY Treaty of Dec. 3, 1873. Treaty of May 20, 1876, and Declaration of April 21, 1887. ECUADOR |